ROSHEN BEHARI Vs. STATE

JUDGEMENT

(1.) THESE are eight appeals by Roshan, Jage, Joginder Singh, Labh Singh, Gurucharan Singh, Hukam Singh, Ram Singh and Narain Singh who have been convicted by Section 30 Magistrate at Palwal (Gurgaon) under Section 395, Penal Code, read with Section 109 in the case of Joginder Singh, and sentenced to six years' rigorous imprisonment each.

(2.) THE case is a very old one as the dacoity took place as long as ago as the night of 4th of August, 1953 and the crime was fairly quickly investigated, but for various reasons set out in the judgment of the lower Court it became necessary after more than forty prosecution witnesses had been examined to start a de novo trial in August 1954, a year after the occurrence.

(3.) BRIEFLY the prosecution story is that a gang of dacoits numbering about ten invaded the house of Bakhtawar P. W. on the night in question and alter remaining for two hours or more in the house the dacoits departed. Hukam Chand P. W. 1, a neighbour of Bakhtawar, had set off for the Police Station at Jatusana, 61/2 miles from Jeora, before the dacoits had left, but as it was a wet night and the path was difficult he only arrived at the Police Station at 5. 15 a. m. and made his report. Head Constable Sohan Lal reached the village at 6. 30 a. m. where he took possession of list of stolen property which had been prepared by Bakhtawar in the meantime and six spent cartridges. The assistance of a tracker was quickly obtained and the tracks of eight men were traced to a well about five furlongs from the village close to the road running between Rewari and Jhajjar. It was then seen that a car which had been standing at that spot had apparently come from Jhajjar and then, after being turned, had gone back in that direction and it was through the intensive efforts made to trace the car in question that the accused were caught. The number of the car was found to be PNG 1166 and it was traced to the ownership of Inderjit Singh P. W. through whom the Police were able to lay hands on Joginder Singh accused who had been employed by Inderjit Singh as a driver. Joginder Singh was arrested on the 10th of August and a portion of one of the stolen ornaments was recovered from him. The arrest of the remaining accused followed within the next two or three weeks and on the 21st of August 1953 Joginder Singh made a confessional statement before a. Magistrate.